ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 June 2019 DOCKET NUMBER: AR20170005651 APPLICANT REQUESTS: his honorable discharge changed to medical retirement for Post-Traumatic Stress Disorder (PTSD). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs Medical Records * 2011-2014 W2s * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. After his discharge, he had a hard time keeping steady employment due to anger issues. This was compounded by alcohol abuse. He participated in an intensive outpatient rehab program in 2014 to try to remediate this but ended up resigning from his last job shortly after he finished the program. While unemployed, he was diagnosed with PTSD (70%) by the Department of the Army Veterans Administration (VA). He enrolled in the vocational rehab program so that he could use his government issued bill (GI Bill) to go to college and hopefully find a better fitting career. b. He attended college for 2 years, but he experienced issues which caused overwhelming stress and led him to discontinue his college courses. He has been out of school and unemployed since August 2016. He is currently on medication for PTSD and anger management. He receives counseling through the VA, but he does not feel like anything is truly helping him. His current situation is causing his family extreme financial stress, as well as, emotional stress which is only compounding his current mental issues. a. 3. The applicant provides: * A letter from VA, dated 26 February 2014: regarding his VA benefits on the following decision: 70 % PTSD, 30% for migraines, and 30% for asthma, with a total of 90 % effect date 26 February 2014. * Behavioral Certificate for completing and intensive outpatient program dated 6 February 2014 * 2011-2014 wage and tax statements 4. A review of the applicant service record show the following: a. He enlisted in the Regular Army on 7 July 2005. b. He served in Afghanistan from 17 December 2009 to 15 December 2010. c. On 6 April 2005, he was honorably discharged under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations) chapter 16-7 (Separation for Reduction In Force) and issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) with 5 years and 9 months of service. 5. The Army review Boards Agency senior medical advisor rendered an advisory opinion on 4 May 2017. He stated: a. The applicant's VA Decision Ratings Letter indicates that the applicant has been found to be 70% service connected for PTSD effective 26 Feb 2014. His overall combined rating is 90%. Review of the applicant's VA medical documentation indicates that the applicant is in psychiatric treatment for his combat related PTSD. b. He denied engaging in impulsive behaviors. He reported no decrease in concentration and no memory lapses. A Flight Medicine Outpatient Medical Note dated 22 March 2010 indicates that the applicant's mood was euthymic and his affect was normal. A 10 December 2010 Flight Medicine Medical Note documents that the applicant denied suicidal or homicidal ideation. A 2 February 2011 RESPECT-MIL (Re- Engineering Systems of Primary Care Treatment in the Military) assessment documents that the applicant screened negative for PTSD and depression. c. There is no documentation of PTSD symptoms or behaviors in the applicant's military medical record. The medical record also contains no documentation of a PTSD diagnosis. There is no indication that the applicant failed to meet behavioral health retention standards IAW AR 40-501(Standards of Medical Fitness). d. The applicant has requested his case be evaluated for military medical retirement for PTSD. As supporting evidence, he has included his VA disability ratings letter in his application. Review of the applicant's military medical record indicates that there is no evidence that the applicant suffered from PTSD or any other Behavioral Health a. Condition while in the military. This observation does not negate the applicant's post service diagnosis of PTSD from the VA. The VA conducts evaluations based on different standards and regulations than the Department of Defense. e. There is no evidence that the applicant did not meet medical retention standards upon ending active duty service. His military record is void of any documentation of PTSD symptoms, behaviors or diagnosis. Based on the information available for review at this time, there is no evidence to warrant referring the applicant's case for consideration of military medical retirement for PTSD. 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal and he did not respond. 7. By regulation, AR 40-501 (Standards of Medical Fitness) conditions which do not render a Soldier unfit for military service will not be considered in determining the compensable disability rating unless they contribute to the finding of unfitness. 8. By law, the VA may award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the employability or social or industrial adaptability of the individual concerned. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. Based on the medical advisory’s finding that based on the information available for review, there is no evidence to warrant referring the applicant's case for consideration of military medical retirement for PTSD and the lack of a rebuttal of those findings submitted by the applicant, the Board concluded there was insufficient evidence to warrant a chance in the narrative reason for separation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 6/10/2019 X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. 3. Army Regulation (AR) 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Once a determination of physical unfitness is made, the Physical Evaluation Board (PEB) rates all disabilities using the Veteran's Administration Schedule for Rating Disabilities (VASRD). Department of Defense Instruction (DODI) 1332.39, and AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), appendix B (Army Application of the Veterans Administration Schedule for Rating Disabilities), modify those provisions of the rating schedule inapplicable to the military and clarify rating guidance for specific conditions. Ratings can range from 0 to 100 percent, rising in increments of 10 percent. 4. Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement or Separation), establishes the Army Physical Disability Evaluation System (PDES) according to the provisions of Title 10, United States Code (USC). It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.